We have seen many clients, both men and women who tell us a story of a blossoming romance and a lavish wedding which subsequently turns out to be a farce on the part of their foreign spouse. Not only is this extremely hurtful for the person who thought they had married for love, it is also extremely concerning for the Home Office who do their best to verify that marriages are genuine on the part of both parties before granting a marriage visa.

If you have been married to your foreign spouse for less than 2 years and you are sure that your marriage is over (or was not for the right reasons) then you will need to think about starting divorce proceedings. You could commence divorce proceedings using one of the following grounds:

1. Adultery on the part of your spouse.
2. Unreasonable behaviour on the part of your spouse. This could include things such as lack of love and affection, lack of interest in a physical relationship, shouting during arguments, constantly criticising you, failure to engage with your family, engaging in inappropriate relationships with third parties, fits of silence and moodiness and verbal and physical abuse.

If you were not married then you do not need to start any Court proceedings to formalise the end of the relationship.

Whether you are married or not, if any one of the following applies then you should contact the Home Office as soon as the relationship comes to end (if you are married you do not have to wait until you are divorced):

1. Your spouse or partner’s right to remain in the UK is dependent upon your British Citizenship or your own UK visa which allows you to live here;
2. Your spouse is here under a “family of a settled person” visa;
3. Your spouse or partner has limited leave to remain in the UK because they are the partner of you as a British Citizen, a “settled person” or someone who has refugee status or humanitarian protection.

Similarly, if your relationship ends and you are sponsoring your partner or spouse for their visa you must tell the Home Office if you are:

• A British Citizen;
• A “settled person” with indefinite leave to remain;
• Someone with refugee status;
• Someone with humanitarian protection or;
• You are in the UK on a temporary visa such as a work visa

You should write to the Home Office explaining that your relationship has ended. The address is Manchester Curtailment Team, PO BOX 99, Manchester M90 3WW. In your letter you should provide your name, date of birth, address, passport number and Home Office reference number. Your ex-partner or estranged spouse should also write to the Home Office but they might be reluctant to do so given the possible consequences. You should therefore include in your letter the same information for your ex partner so far as it is known to you.

If your ex partner was only allowed to remain in the UK because of their relationship with you or their marriage to you then they will need to leave unless they can successfully apply for a visa in their own right.

If your ex-partner already had indefinite leave to remain at the time of the relationship or marriage breaking down then they will not be asked to leave the UK as a result of the relationship or marriage coming to an end. Indefinite leave to remain will only be revoked if your ex-partner is convicted of a serious criminal offence, in the interests of national security or if they remain living outside of the UK for more than 2 years.